The criminal trial of former prime minister Najib Abdul Razak involving the alleged misappropriation of funds from SRC International Sdn Bhd enters its 59th day today at the High Court in Kuala Lumpur.
Malaysiakini brings you live reports of the proceedings.
KEY HIGHLIGHTS
- Defence to interview as many witnesses as possible this week
- Najib denies making SRC ownership transfer decision before Treasury memo
- Najib shocked he was alleged to have dictated SRC board decisions
- Najib says SRC directors chosen by 1MDB board, not him
- Najib testifies he has no personal interest in SRC International
- SRC’s lack of track record doesn’t prevent loan application - Najib
- Najib: I have no power to order KWAP to approve loan applications
- Jotting of ‘Agree’ on SRC loan application is not final decision: Najib
- Najib didn't know Nik Faisal was SRC shareholder and director
- Najib tenders Petronas memorandum and articles of association as evidence
- Najib: I never urged for insertion of provisions for SRC International
- I believed Jho Low could ease investment dealings in Middle East - Najib
- Najib denies involvement in appointing 1MDB management executives
- Najib - Nothing extraordinary in amendment to 1MDB's memorandum and articles of association
- TIA idea came from Sultan Mizan, Jho Low and T'ganu gov't, says Najib
- Putrajaya took over TIA to protect then Agong and T'ganu gov't - Najib
- Najib takes the stand to read out his witness statement
- Prosecution objects to Najib's witness statement being tendered late
- No report lodged by Najib as he respected due process - defence
- Najib unaware of the actual transactions in his accounts, says lawyer
- Nothing sinister in amendment to SRC memorandum and articles of association: Shafee
- Defence - Najib has no personal interest in SRC
- SRC fundings by KWAP guaranteed by gov't for development - defence
- Defence could only interview 7 out of 66 witnesses offered - Shafee
Defence to interview as many witnesses as possible this week
4.56pm - Najib Abdul Razak's defence team will interview as many defence witnesses as possible on Thursday and Friday, the High Court hears.
Najib's defence counsel Farhan Read tells this to judge Mohd Nazlan Mohd Ghazali at the end of today’s proceedings.
Thursday and Friday this week are not set for the hearing of Najib's RM42 million SRC International trial.
Nazlan then allows proceedings to adjourn for the day, and to continue at 9am tomorrow.
Najib denies making SRC ownership transfer decision before Treasury memo
4.42pm - Former prime minister Najib Abdul Razak denies making a decision on the transfer of SRC International to Minister of Finance Inc, before then-Treasury secretary-general Md Nor Nawi issued a related memo, the High Court hears.
Najib says this is because the proposal in the said memo was already agreed in principle by him, but that this is still subject to approval by System and Control Unit, among others.
"In the end, I believe that Md Nor Nawi had agreed for the matter contained in the memo, it was the result of his own evaluation on the proposal (transfer ownership)," Najib says.
4.25pm - The prosecution objects an attempt by Najib Abdul Razak's defence team to mark a letter purportedly received by the former premier from Prince Turki Al-Saud as evidence.
This was despite Najib vouching he had indeed received the letter.
DPP V Sithambaram says the letter should be marked as IDD until its authenticity can be ascertained.
Code IDD is used to adduce a possible piece of evidence which has yet to be confirmed.
Najib shocked he was alleged to have dictated SRC board decisions
4.20pm - Former premier Najib Abdul Razak tells the court he was shocked to hear the testimony of former SRC International chairperson Ismee Ismail, who accused him of giving orders to the company's board of directors before they reach a decision.
Claiming the allegation was illogical, he testifies that all matters related to SRC operations, its joint-venture with Aabar Investments PJS, and financial fundings were all under the responsibility of the board.
He says it was the board that was responsible to discuss the matters before getting approval from Minister of Finance Incorporated as SRC International's shareholder.
"I was shocked to hear the testimony of Ismee, where his view was contradictory to his experience in several government-linked companies.
"I surely had never signed any documents to direct the board of directors on matters which they have to settle first for the company's interests," Najib says.
4.14pm - Proceedings resume after brief break.
3.55pm - The court takes a brief break.
Najib says SRC directors chosen by 1MDB board, not him
3.35pm - The court hears from Najib Abdul Razak that he only endorsed a list of potential directors for SRC International that was given to him in Aug 2011 by then 1MDB CEO Shahrol Azral Ibrahim Halmi (below).
According to Najib's testimony, the list included Ismee Ismail, who was proposed as SRC chairperson, and Nik Faisal Ariff Kamil as its CEO and managing director.
"I was informed these individuals were chosen by 1MDB and I did not see any reason to disagree with the appointment of the people they listed," he testifies.
Najib testifies he has no personal interest in SRC International
3.26pm - Former prime minister Najib Abdul Razak testifies he has no personal interest in SRC International, the High Court hears.
The accused says this while reading out from his witness statement during examination-in-chief in the defence stage of the RM42 million SRC International trial.
Earlier this morning during the defence's opening statement, lead defence counsel Muhammad Shafee Abdullah tells the court his client Najib has no personal interest in SRC.
"I emphasise sternly that I have no single personal interest in SRC, except in my professional capacity as prime minister and finance minister and my public duty to act in the best interest of the government of Malaysia," Najib says.
SRC’s lack of track record doesn’t prevent loan application - Najib
3pm - SRC International's loan application from Retirement Fund Inc (KWAP) is not prevented by the company not having any track record, former prime minister Najib Abdul Razak testifies.
Reading from a witness statement, Najib says the development initiative policy needs a starting point.
"That is why EPU (Economic Planning Unit) approved the launch grant as a kickstart and proposed further funding (pembiayaan) to be obtained by SRC," Najib says.
Najib: I have no power to order KWAP to approve loan applications
2.45pm - Najib Abdul Razak tells the court that as a finance minister, he had no power to order the Retirement Fund Incorporated (KWAP) to approve SRC International loan applications back in 2010 and 2011.
Testifying before Justice Mohd Nazlan Mohd Ghazali, Najib says this when asked by his defence counsel Wan Aizuddin Wan Mohammed about a letter that Najib had minuted to then KWAP CEO Azian Mohd Noh (above) in which he stated that he agreed with a loan application by the company.
Najib says only the KWAP investment panel has the power to approve a loan application to the fund, as per the Retirement Fund Act 2007.
"The view of Azian that I was her 'ultimate boss' also did not have any meaning in KWAP's decision to approve the loan, because as the CEO, she too did not have any right to vote in the (investment panel's) loan approval process.
Jotting of ‘Agree’ on SRC loan application is not final decision: Najib
2.44pm - Former prime minister Najib Abdul Razak testifies that although he wrote “Agree” (Bersetuju) on SRC International's loan application from Retirement Fund Inc (KWAP), it is not a final decision (muktamad).
Najib says there were times when officers disagreed with the jotting and appealed to him to change his decision.
"’Agree’ (Bersetuju) does not mean it is final and cannot be changed. It depends on the perusal process by officers, who may have differing opinions.
"Therefore, the word ‘Agree’ does not mean carte blanche. It does not prevent different opinions from being aired and considered," Najib says.
It was reported that SRC received a total of RM4 billion in loans from KWAP between 2011 and 2012.
2.35pm - Proceedings resume after lunch break.
Former prime minister Najib Abdul Razak resumes reading from his witness statement during the defence's examination-in-chief.
Examination-in-chief is conducted by defence counsel Wan Aizuddin Wan Mohammed because lead counsel Muhammad Shafee Abdullah had to attend to a meeting this afternoon.
1pm - Proceedings adjourn for lunch, and will resume at 2.30pm.
Najib didn't know Nik Faisal was SRC shareholder and director
12.58pm - The court hears from Najib Abdul Razak that he had no knowledge that Nik Faisal Ariff Kamil (below) and Vincent Koh Beng Huat were named as the shareholders and directors of SRC International when the company was registered.
Najib also claims he had never met Nik Faisal or Koh over SRC matters.
"No, I have no knowledge about this whatsoever. Neither did I at any time ever met with Nik Faisal or Vincent Koh Beng Huat over SRC.
Najib also claims he did not know that SRC shares were only transferred to 1MDB towards the end of 2011.
Najib tenders Petronas memorandum and articles of association as evidence
12.55pm - The proceeding sees former prime minister Najib Abdul Razak adducing Petronas' memorandum and articles of association (M&A) as evidence in his defence.
This comes as the accused testifies that the M&A of SRC International was not the only one that gives "overarching" power to the prime minister of Malaysia in government-linked companies.
According to Najib, the Petronas M&A gives a more overarching power to the PM compared to what is stipulated in SRC’s M&A.
"... I want to show that the power of the PM in Petronas is even more far-reaching, more overarching compared to (the power) in SRC's operations.
"That is the main point (in adducing the Petronas M&A)," he tells the court.
Najib gives an example of Article 109(3) of the Petronas M&A, which he says was initially done in 1974, stipulating that the chairperson of Petronas can only be appointed by the PM and compels the chairperson to act under the PM's order.
"The rationale behind such power put in the hands of a prime minister was to enable the PM to ensure the leadership of a company chairperson is always in line with the government's interests and policies."
Najib says that this is even more powerful than Articles 67 and 116 of SRC M&A.
Adding that such power is normally in the hands of shareholders to decide, Najib stresses that it, however, does not in any way exonerate the company's board of directors from carrying out their fiduciary duties and other responsibilities to act in the best interest of the company.
Najib: I never urged for insertion of provisions for SRC International
12.49pm - Former prime minister Najib Abdul Razak testifies that he never urged (mendesak) for the insertion of Article 116 among others into SRC International's memorandum and articles of association (M&A).
While reading from his witness statement, he answers that to the question on whether he had at any point urged for the insertion of Articles 67 and 116 into SRC's M&A.
"No, I was not involved nor consulted at that stage. I found out about it in a letter dated June 3, 2011 (from SRC) stating that the establishment (of SRC) was approved by the EPU Minister, TSNMY (acronym for Nor Mohamad Yackop).
Article 116 refers to then SRC board of advisors chairperson Najib's veto power in relation to the removal of directors of SRC.
12.43pm - Former deputy prime minister Ahmad Zahid Hamidi enters the High Court.
He is seen taking a seat in the middle row of the public gallery as former prime minister Najib Abdul Razak continues to read from his witness statement.
12.39pm - Proceedings resume with a photocopied witness statement of Najib Abdul Razak, with all the pages included.
The former prime minister resumes reading from his witness statement.
12.18pm - Proceedings adjourn for a brief break, to allow the defence to photocopy Najib's witness statement, which was missing a page.
12.03pm - Proceedings resume with accused Najib Abdul Razak continuing to read from his witness statement.
11.34am - The court takes a short break in proceedings.
Najib: I believed Jho Low could ease investment dealings in Middle East
11.20am - The court hears from former prime minister Najib Abdul Razak that he believed 1MDB-linked businessperson Low Taek Jho (below) had influence in the Middle East and thus could help ease investment dealings in the region.
Testifying at his criminal trial before Justice Mohd Nazlan Mohd Ghazali, the politician says that Low carried himself as someone who was "very influential" with Middle Eastern countries.
"... which made me believe that he should be able to assist in investment and (business) shareholding with them.
"These countries, meaning the Middle Eastern countries, at that time were having cash overflow due to the increase in (global) oil price. Thus, I was of the opinion that Jho Low's influence and the connection would ease 1MDB objectives and investments as intended."
Najib denies involvement in appointing 1MDB management executives
11.18am - Najib Abdul Razak denies he was involved in appointing members of the 1MDB management team.
"In the essence, I deal with the CEO and chairperson of 1MDB, and had no dealings with the management team. I believe the individuals (to join 1MDB) would be appointed by the CEO or the chairperson themselves," he testifies.
Nothing extraordinary in amendment to 1MDB's memorandum and articles of association, says Najib
11.16am - Najib Abdul Razak testifies that he saw nothing extraordinary in the amendment to 1MDB's memorandum and articles of association (M&A) that grants the former prime minister specific powers as seen in Articles 68 and 117 of said M&A.
While reading out from his witness statement, Najib described this in relation to the amendment to the M&A, which he says the 1MDB board informed him on the need to amend it, in order to safeguard the interest of the Finance Ministry, in line with the federal government’s concept of taking over the MBI (Menteri Besar Incorporated).
"All these matters were proposed by the (1MDB) board of directors and management.
"I saw nothing extraordinary about this matter. As a prime minister, I was given absolute authority (kuasa mutlak) in the appointment of directors of other GLC companies like Khazanah, Petronas, PNB, TNB, Telekom and others," Najib says.
He says the 1MDB M&A was never shown to him and that no element of force was used at any time so that the proviso was inserted into the M&A.
TIA idea came from Sultan Mizan, Jho Low and T'ganu gov't - Najib
11am - Former prime minister Najib Abdul Razak testifies in court that 1MDB-linked businessperson Low Taek Jho, or Jho Low, was a close acquaintance of Sultan Mizan Zainal Abidin and his sister Tengku Rahimah Sultan Mahmud.
For the record, Sultan Mizan (above), who is the ruler of Terengganu, was the then Yang di-Pertuan Agong when Terengganu Investment Authority (TIA) was set up in 2009.
TIA is the precursor of what is now known as 1MDB.
Najib tells the court that from his understanding, the idea of TIA had come from discussions between Low and Sultan Mizan.
"The concept of TIA, as I understand it, had come from discussions between Jho Low and His Royal Highness, and the Terengganu state government.
"I was made to understand that Jho Low was appointed as an adviser to the then chairperson of TIA Board of Advisors, which was Tuanku himself."
Putrajaya took over TIA to protect then Agong and T'ganu gov't - Najib
10.52am - The cabinet's decision for the federal government to take over the Terengganu Investment Authority (TIA) was reluctantly made to protect the then Agong and Terengganu state government from embarrassment, Najib Abdul Razak testifies.
The former prime minister says this while reading from his witness statement.
"It was a decision that was reluctantly made to protect the state government and Yang di-Pertuan Agong from embarrassment and also to prevent negative impact on the Malaysian bond market globally," Najib says.
Najib takes the stand to read out his witness statement
10.30am - Former prime minister Najib Abdul Razak enters the witness stand as he gets ready to read out his witness statement.
He then starts reading his oath in both English and Malay.
"I, Najib Abdul Razak do solemnly, sincerely and truly declare and affirm that the evidence which I shall give in this case shall be the truth, the whole truth, and nothing but the truth".
Najib's witness statement is about 240 pages, with a total of 153 questions and answers.
Prosecution objects to Najib's witness statement being tendered late
10.29am - The prosecution objects to the defence handing Najib Abdul Razak's Witness Statement to them only this morning at 9am.
Attorney-General Tommy Thomas (above) says this will not only contravene the need to hand over such documents 14 days before trial commences, but will also affect the prosecution's current questions for cross-examination.
Thomas says this is because the prosecution prepared cross-examination questions without the benefit of the witness statement.
DPP V Sithambaram also adds that as a result of the delay in receiving the document, the prosecution will reserve the right to raise objection later on any evidence in Najib's Witness Statement that may amount to hearsay, among others.
However, the prosecution has no objection to Najib proceeding with reading out from the Witness Statement.
10.15am - Defence counsel Muhammad Shafee Abdullah wraps up reading the defence's opening statement.
No report lodged by Najib as he respected due process - defence
10.03am - Lead defence counsel Muhammad Shafee Abdullah says former premier Najib Abdul Razak did not lodge any police report nor raise complaints on suspicious transactions in his bank accounts as the matter was already under investigation.
"... and Najib chose instead to respect the process and integrity on the then on-going investigations."
Najib unaware of the actual transactions in his accounts, says lawyer
9.59am - Contemporaneous evidence presented in court has shown that former prime minister Najib Abdul Razak (below) had no knowledge of the actual transactions in his account, his lawyer claims.
Lead defence counsel Muhammad Shafee Abdullah says this when reading the defence’s opening statement at the start of the defence case.
"As a whole, the evidence with regard to the manner in which cheques were issued from Najib's accounts versus the actual balances of the accounts leans in favour of a clear inference that he was not being accurately told of the real balances in the accounts.
"The same is fortified by the other contemporaneous evidence which revealed there was a scheme in place to ensure that Najib was unaware of the actual transactions in his accounts," he says.
Shafee also claims the evidence does not support the inference that the RM42 million that went into Najib's Ambank accounts was gratification for which Najib was paid either by himself or through any other party as part of a corrupt arrangement.
Nothing sinister in amendment to SRC memorandum and articles of association: Shafee
9.52am - Najib Abdul Razak's defence contends there was nothing sinister in the amendments made to the memorandum and articles of association of SRC International in April 2012, the High Court hears.
In reading out the defence's opening statement, lead defence counsel Muhammad Shafee Abdullah says the related testimony that the matter originated from SRC shareholder was incredible and inconsistent with the contents of the document itself, among others.
"In any event, the ambit of Article 117 on the role of the advisor emeritus (Najib) did not support the view that the same was designed or used as a means to control the board," Shafee says.
Defence - Najib has no personal interest in SRC
9.48am - Lead defence counsel Muhammad Shafee Abdullah in reading the defence's opening statement says that former prime minister Najib Abdul Razak had no personal interest in SRC International to conflict his public duty.
Najib, he adds, had acted only in the best interests of the country in matters concerning the company.
"Najib had no personal interest in SRC at all times, which can be said to be conflicted with his public duty.
“There is no question of Najib having a personal interest. The acts and involvement of Najib in matters concerning SRC led to matters which were endorsed or ultimately approved by KWAP, the EPU ,minister, the Ministry of Finance, the Treasury and/or the cabinet.
These acts of Najib were motivated only by the best interests of the government and Malaysia," he tells the court.
SRC fundings by KWAP guaranteed by gov't for development - defence
9.45am - The federal government’s endorsement of the Retirement Fund Incorporated (KWAP) funding of SRC International was based on its intended activities in promulgating national key development areas identified in the 10th Malaysia Plan and the New Energy Policy, says the defence.
Lead defence counsel Muhammad Shafee Abdullah, in reading the defence's opening statement, stresses that this was the justification which underscored the decisions made by the EPU, KWAP, Finance Ministry and the cabinet in approving both the government guarantees and disbursement of RM4 billion to SRC.
"To say otherwise would be to unreasonably imply and infer that the relevant decision-makers, including the head of the Treasury, relevant ministers, members of the Investment Panel of KWAP and members of the cabinet had committed a dereliction of their public, statutory and/or constitutional duties," he tells the court.
Defence could only interview 7 out of 66 witnesses offered - Shafee
9.40am - Najib Abdul Razak's defence team could only interview seven out of 66 witnesses offered by the prosecution for the former prime minister's defence stage of the trial, the High Court hears.
Lead defence counsel Muhammad Shafee Abdullah (above) says this during the opening statement of the first day of Najib's defence stage of the trial.
9.35am - Najib Abdul Razak's lead defence counsel Muhammad Shafee Abdullah begins reading out the opening statement of the defence stage of the former prime minister's RM42 million SRC International trial.
The accused looks on from the dock.
9.30am - Najib Abdul Razak enters the dock as proceedings begin, with Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali presiding.
9.18am - Najib Abdul Razak's lead defence counsel Muhammad Shafee Abdullah enters the High Court and greets his client while awaiting proceedings to begin.
8.59am - Former prime minister Najib Abdul Razak enters the High Court and takes a seat at the front row of the packed public gallery.
He is awaiting for proceedings to begin, when he is expected to take the stand on the first day of the defence stage of his RM42 million SRC International trial.
8.45am - Attorney-General Tommy Thomas is seen in the High Court with other members of the prosecution team, preparing for proceedings to begin.
Today will mark the first time in Malaysia's history that a former prime minister takes the stand as an accused in his own criminal case.
This is because the first day of the defence stage of Najib Abdul Razak's RM42 million SRC International trial today will see the former prime minister issue sworn statements from the witness stand.
On Nov 11, judge Mohd Nazlan Mohd Ghazali (photo) ordered the accused to enter his defence to seven counts of corruption, criminal breach of trust and money laundering involving RM42 million of SRC International's funds.
As the usual practice upon an accused being ordered to enter defence, Najib was presented with three options to conduct his defence: give a sworn statement from the witness stand which would open him to cross-examination from the prosecution, give an unsworn statement from the dock which would shield him from prosecution grilling, or elect to remain silent.
During the 59th day of hearing today, Najib is expected to first undergo examination-in-chief by his lead defence counsel Muhammad Shafee Abdullah.
During this aspect of criminal case proceedings, the accused would tell his side of the story against the prima facie case established against him by the prosecution, after 58 days of hearing that saw 57 witnesses testify during the prosecution's stage of the trial.
Once the defence wraps up its examination-in-chief, then the prosecution would have the opportunity to cross-examine Najib on every point raised in his defence against the seven charges, whereby the DPPs would seek to discredit Najib's testimony.
It is only upon the prosecution finishing its cross-examination, can the accused's defence team swoop in with re-examination, which would allow him to explain further any issues raised during the prosecution's questioning, thus in order to try to repair his testimony after being grilled by the prosecution. - Mkini
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